Revolutionary War Pension and Bounty Land Warrant Application File S. 29,136, Enoch Ely, Mass.

SERVICE
NUMBER _____
Mass.
Ely, Enoch
S. 29,136
CONTENTS

Massachusetts 9960
Enoch Ely
W. Sp. in the State of Mass who was attached in the Camp commanded by Elisha Chapin of the Regt commanded by Col. Davis in the Mass time for 22 m. & 15 days
W. Sp.
79 Hampden
Inscribed on the Roll of Mass at the rate of 74 Dollars 98 Cents per annum, to commence on the 4th day of March, 1831.
Certificate of Pension issued the 16 day of Aug 1832 and Ruth S. Lathrop (W. Springfield)
Arrears to the 4th of Dec. '31 $149 96 Sem.-ant. allowance ending 4 Sep. '32 37 49 $187 45
{ Revolutionary Claim, } { Act June 7, 1832. }
Recorded by G. A. H. Clerk, Book 6. Vol. 2. Page 21

Enach City
8459
1775 - 7 months - Roxbury 1776 - 12 " - Canada &c. 1777 - 3 1/2 " - Bangor &c. 22 1/2 months

Commonwealth of Massachusetts } P.P.
County of Hampden
On this twenty seventh  eighth day of August 1832 personally appeared at open court , before the Judge of the court of Probate for this county, now sitting Enoch Ely, a resident of West Springfield in the county of Hampden aforesaid & state of Massachusetts aged seventy seven years who being duly sworn according to law, with his oath make the following declaration, in order to obtain the benefit of the act of Congress, passed June 7th 1832.
That he entered the service of the United States under the following named Officers & service as hereinafter stated. That in the year 1775 & some time in the month of March he enlisted as a minute man for the term of nine months & about the first of April was ordered out on a tour of duty to Roxbury in this State. That he went to Roxbury & remained there until the service was about the last day of October. That in the month of October his brother Joseph came to Roxbury with a pair of horses for the army, & that then he the said Ely was discharged from the service & permitted to go home with the team, & his brother Joseph was accepted in his place. That in this service Enock Chapin was Captain of the company & Jonathan Day & Samuel Faxon were Lieutenants. Jacob Dey was orderly sergeant. Timothy Dancan was Colonel, John Shepard was Lieut. Colonel & David Leonard was Major. That during his stay there which was about seven months, he was constantly in service & was discharged as above stated. That during his stay there, he was one of the party under Major Totten which went into the harbor of Boston & took the light house from the British & burned it. That Oliver Hazz, Simon Smith, Josiah Day & many others from this town were with him in this service at Roxbury.
The said Enock Ely further declares that in the month of February 1776 he again enlisted  entered the service under Capt. Enock Chapin of this town for the term of one year. Lieut. Day & Samuel Day were Lieutenants, Col. of the Regiment. That early in the Spring they were ordered to Boston & the Continental Congress which the Colonel went no farther than Shamblee. Philip Porter of Springfield was Colonel of the Regiment, Morgan of Brimfield was Major. That while at Shamblee, he was taken with the small pox, & that as soon as he recovered as far as to be able to move, the Regiment was ordered to retreat. That they retreated to Crown Point & afterwards to Ticonderoga. From that, Porter's Regiment was ordered over to Mount Independence. Sullivan was in command of the troops on their retreat from Canada. & that after they returned to Mount Independence Sullivan went away & Col. Gates was then the command. That in the fall of the year while at Mount Independence, he was attacked with the fever & ague.

that he was very much debilitated by his disorder, & rendered totally unfit for duty - That in November, Capt. Ely was about to return home on some business, & proposed to him to return with him - that he did return home with his Captain, & when he returned back to join the army, he the said Ely remained so feeble as to be unable to perform any service & was excused by the Captain from returning - That in February, 1777, he was regularly discharged by the Captain after the expiration of the period of his enlistment - That Edmund Palmer, Francis Collins before mentioned, were with him in this service, but he knows of no one who is now alive, who was with him - That he afterwards received of Capt. Ely, full pay for one year's service - The said Enock Ely further declares that in the month of July 1777
he again entered the service under Capt. Joseph Morgan of this town - Benjamin Ashley & Joseph Merrick were Lieutenants - That they marched in July - he well recollects that the harvest had commenced, but was not finished at the time of his going away - That they joined the main army at Saratoga or near that place - That Colonel Moseley & Verstield were Colonel of his Regiment - the other field officers he does not recollect - General Gates had command of the army - that he remained in the service till after the surrender of Burgoyne - that the Regiment to which he belonged was on the East side of the river, during the battles of Bemis' Heights & at the time of the surrender of Burgoyne's army, but there was considerable fighting between the troops of the two armies across the river - that he remained there for some days after the surrender, when his company was discharged & he returned home - That John Ashley, Moses Ashley, Israel Day, Jesse Morgan, John Allen & many others were in this company with him, during the last mentioned service; but he knows of no one who was in the same company with him, who is now living -
The said Enock Ely says that he was born in the town of West Springfield on the 13 th day of November 1754 - that there is a record of his birth in the records of the town of Springfield - that he has always lived in West Springfield, & had there when called into the service - that in every instance he entered voluntarily -
That he is well known to Herman Day Esq. Charles Bell Esq. Jedidiah Day who can testify to his character for veracity & to their belief of his services as a soldier of the revolution -
He hereby relinquishes every claim whatever to a pension or annuity, except the present, & declares that his name is not on the pension roll of the Agency of any state -
Sworn to & subscribed, the day & year aforesaid Enock Ely

We Simon Smith & Roger Cooley residing in the town of West Springfield do hereby certify, that we are well acquainted with Enoch Ely, who has subscribed & sworn to the foregoing declaration - that we believe him to be seventy seven years of age - that he is respected & believed in the neighborhood where he resides, to have been a soldier of the Revolution, & that we concur in that opinion
Sworn to & subscribed the day & year aforesaid
Simon Smith
Roger Cooley
And the said Court. Present the Hon Oliver B. Morris Judge, after investigating the matter and after putting the interrogatories prescribed by the War Department do hereby declare their opinion that the abovenamed Applicant was a Revolutionary Soldier & served as he states -
And the said Court further certifies that it appears to them that Simon Smith & Roger Cooley who have subscribed the preceding Certificate are now residing in said West Springfield & are credible persons & that their statement is entitled to credit
I Justin Willard Register of said court of Probate do hereby certify that the foregoing contains the original proceedings of said court in the matter of the application of Enoch Ely for a pension
In testimony whereof I have hereunto set my hand and the seal of said court this twenty seventh day of August in the year of our Lord one thousand eight hundred and thirty two
J Willard Register

8459
© Enoch Ely
Mar 22 mo. 15 day
5. 16. 16 06
Apr 26 1833
P. 357
T 16 5/49 d
Saml Lathrop West Springfield Mass;

BRIEF in the case of  Ebenezer Ely of West Springfield in the State of Mass. (Act 7th June, 1832.)
 1. Was the declaration made before a Court or a Judge? Open Court  2. If before a Judge, does it appear that the applicant is disabled by bodily infirmity?  3. How old is he? Seventy seven years  4. State his service, as directed in the form annexed. 
   Period. Duration of Service. Rank. As a Names of General and Field Officers under whom he served.   Years, Months, Days. Gen. Col.     enlisted In 1775 Mar } about 1 7 Gen. Gates, Sullivan Col. Chapman, Col. Davidson   to October } " "   1776 Feb. } 1 Col. Morgan Col. Moseley   1777 July } 3 15   until after Bennington surrender  
 5. In what battles was he engaged? none stated  6. Where did he reside when he entered the service? West Springfield  7. Is his statement supported by living witnesses, by documentary proof, by traditional evidence, by incidental evidence, or by the rolls? Good persons certify to traditional evidence. Deborah Day proves he was in service in '75, also in '76.  8. Are the papers defective as to form or authentication? and if so, in what respect? 
X Certify that the foregoing statement and the answers agree with the evidence in the case above mentioned.
D. Kimb Examining Clerk.

29,136 Rev INVALID.
File No. 29,136
Enoch Bly Rev War
Act June 7 th 82 nd
Index:—Vol. 9 , Page 124
[Department of 1870.]

8459
Mock Ely
Samuel Lathrop Esq. West Springfield Mass

BRIEF objections to the admission of Pension Claims, of which those answered in the negative, in red ink, will apply to the claim of Oruch Bly which require further proof or explanation.
I. Does the declaration show where the applicant resides? Yes II. Did the declarant make the declaration in the county where he resides? Yes III. If the applicant did not make the declaration in the county where he resides, is there any reason assigned for his not doing so? — IV. Has the declarant mentioned the period or periods of the war when he served? Yes V. * Has he mentioned with precision the length of his service, and the different grades in which he served, in language so definite as to enable the department to determine to what amount of pension he is entitled? NO VI. Has he given the names of the officers under whom he served, in conformity with the regulations? Yes VII. Has he made a relinquishment of every claim to any other pension than the one under the Act of June 7, 1832? Yes VIII. Has the Court given their opinion? Yes IX. Has the Clerk given his certificate? Yes X. Is the Clerk's seal affixed? And if so, has it a device or inscription by which it can be distinguished from any other seal? Yes

XI. Has the applicant obtained the evidence of a clergyman and another respectable citizen as to their belief respecting his age and the general belief in his neighborhood relative to his revolutionary service? No
XII. If the clergyman's affidavit has not been produced, is there any reason assigned for not obtaining it? No
XIII. If the applicant has no documentary evidence, and has not obtained the testimony of at least one living witness, has he stated in his declaration that such proof cannot be had? No
XIV. †If the applicant's name is not found on the rolls of military service, has he produced a witness or witnesses as to his service? Yes If he has produced direct proof as to service, has the magistrate who administered the oath, certified to the credibility of the witness or witnesses? Yes Has the proper officer certified to the official character and signature of the magistrate as the regulations direct? No
XV. Does it appear from any of the papers that the witness was in such a situation, or of such an age, as to have a personal knowledge of the applicant's service? Yes
XVI. ‡Are the papers authenticated as the regulations direct? No
XVII. Are the seven interrogatories prescribed by the War Department answered satisfactorily? And, if not, which of them is not so answered? No
EXPLANATORY NOTES.
* QUERE V. In a case where the applicant cannot, by reason of the loss of memory, state precisely how long he served, he should amend his declaration by making an affidavit in the following words: "Personally appeared before me, the undersigned, a Justice of the Peace, &c. A. B. who, being duly sworn, deposeth and saith, that, by reason of old age, and the consequent loss of memory, he cannot swear positively as to the precise length of his service, but according to the best of his recollection he served not less than the periods mentioned below, and in the following grades; For _____ year _____ months, and _____ days, I served as a _____ For _____ months and _____ days, I served as a _____; and for such service I claim a pension."

It is important in all cases to determine with precision the period for which each applicant served, and the particular rank he held, as the law directs the pension to be paid according to the grade of the pensioner and the length of his service. The use of the phrase about three or four months is too indefinite, and all such qualifying expressions are objectionable. Some persons who apply for pensions merely state they served two years in the militia, &c. without specifying the tours; the names of the officers, and other particulars respecting their service. This form of a declaration is highly objectionable. It must in every case be clearly shewn under what officers the applicant served; the duration of each term of engagement; the particular place or places where the service was performed; that the applicant served with an embodied corps called into service by competent authority; that he was either in the field or in garrison; and for the time during which the service was performed, he was not employed in any civil pursuit.
†QUERE XIV. Proof of Service.
In a case where the name of the applicant is not found on the records of the Department, he must prove his service by two credible witnesses, who are required to set forth in their affidavits the time of the claimants entering the service, and the time and manner of his leaving the same, as well as the regiment, company, and line to which he belonged. The magistrate who may administer the oaths must certify to the credibility of the witnesses, and the official character and signature of the magistrate must be certified by the proper officer, under his seal of office.
‡QUERE XVI. Mode of authenticating papers.
In every instance where the certificate of the certifying officer who authenticates the papers is not written on the same sheet of paper which contains the affidavit, or other paper authenticated, the certificate must be attached thereto by a piece of tape or narrow ribbon, the ends of which must pass under the seal of office of the certifying officer, so as to prevent any paper from being improperly attached to the certificate.
In every case where the clerk of the court, or other certifying officer, has no public seal of office, the certificate of a member of congress, proving the official character and signature of the certifying officer, should accompany the papers.

I Gedideah Day of West Springfield in the county of Hampden & Commonwealth of Massachusetts of lawful age depose & say that in March or April 1775 Enoch Ely of this town enlisted into the United States service to go to Roxbury in this state. Barb Chapin was captain of his company Samuel Flowers & Luke Day both of this town Lieutenants - Timothy Danielson of Brimfield was colonel of the regiment William Shepard of Westfield Lieut Colonel & David Leonard of this town Major. About a month after the said Ely went away I went down to Roxbury & enlisted into the service & was attached to the same company. About the first of November following I was taken sick & carried to the Hospital - & did not again join the company The said Enoch Ely was there at that time & was  had been in the company on duty all the while I was there - While there we both went out on an excursion & took possession & burned the Light House which was then in possession of the British army .
I further depose & say that in the spring of the year 1776 the said Enoch Ely enlisted again into the United States service & marched from this town immediately after & did not return until I should think late in the fall. When he returned he had not entirely recovered from the small pox which he had during his absence. He also had the fever & ague when he returned. Enoch Chapin of this town was the captain of his company his other officers I do not know - Gedideah Day
Commonwealth of Massachusetts Hampden S.S. On this seventh day of August 1832 personally appeared the above named Gedideah Day with whom I am well acquainted & who is a gentleman of truth & veracity & made oath to the truth of the foregoing affidavit by him subscribed - Before me Saml Lathrop Justice of the Peace

Personally appeared before me the undersigned, a Justice of the Peace for the County of Hampden & Commonwealth of Massachusetts, Enoch Ely who, being duly sworn, deponeth & saith, that by reason of old age & the consequent loss of memory, he cannot swear positively as to the precise length of his service, but according to the best of his recollection, he served not less than the periods mentioned below, & in the following grades -
For 1775 at Roxbury - seven months, as a private
1776 at Canada & twelve months as a private
1777 at Saratoga & three & a half months as a private - & for such service I claim a pension -
The said Enoch Ely further declares that there is no settled clergyman in the North Parish in and town to which he belongs - & the clergyman in the adjoining parish lives more than six miles distant, & had been settled there but little more than two years - and knows nothing of the general belief in his neighborhood relative to his revolutionary services -
Enoch Ely
Commonwealth of Massachusetts Hampden ss. May 13. 1833. Then the above named Enoch Ely personally appeared & made oath to the truth of the foregoing declaration, by him subscribed
Before me, Samuel Lathrop Justice of the Peace
Commonwealth of Massachusetts Hampden ss. I John Ingersoll a Clerk of the Common Pleas Court being a Court of Record in the County of Hampden do hereby certify that Samuel Lathrop Esq. before whom the above declaration and the within affidavit were verified is a Justice of the Peace for the County of Hampden and that his signature then & there subscribed is his true & genuine signature In testimony whereof I have hereunto set my hand and affixed the seal of the said Common Pleas Court on this fourteenth day of May in the year of our Lord one thousand eight hundred & thirty three John Ingersoll Clerk